<BillNo> <Sponsor>
HOUSE BILL 145
By Bulso
HB0145
001361
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AN ACT to amend Tennessee Code Annotated, Title 1;
Title 4; Title 7; Title 45 and Title 49, relative to
legal status to be present in the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Tennessee Reduction of
Unlawful Migrant Placement Act" or "TRUMP Act."
SECTION 2. Tennessee Code Annotated, Section 1-3-105(a), is amended by adding
the following new subdivision:
( ) "Resident of this state," "resident of the state," "citizen of this state," and
"citizen of the state" mean citizens of the United States and aliens lawfully present in this
state. As used in this subdivision ( ), "alien lawfully present" means that the person can
provide two (2) forms of government identification as described in § 4-58-103(d) to verify
qualified alien status.
SECTION 3. Tennessee Code Annotated, Title 45, is amended by adding the following
as a new chapter:
45-21-101. Chapter definitions.
As used in this chapter:
(1) "Commissioner" means the commissioner of financial institutions or
the commissioner's designee;
(2) "Department" means the department of financial institutions;
(3) "Financial institution" means a bank, savings bank, savings and loan
association, or a subsidiary of those entities, industrial loan and thrift company,
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credit union, mortgage broker, mortgage banker, or leasing company accepting
deposits, making or arranging loans, and making or arranging leases; and
(4) "Government identification":
(A) Means a document issued by this state or the federal
government that qualifies the holder as a lawful citizen of the United
States or an alien lawfully present in the United States; and
(B) Includes:
(i) A valid Tennessee driver license or photo identification
license issued by the department of safety or a valid driver license
or photo identification license from another state where the
issuance requirements are at least as strict as those in this state,
as determined by the department of safety;
(ii) An official birth certificate issued by a state, jurisdiction,
or territory of the United States, including Puerto Rico, United
States Virgin Islands, Northern Mariana Islands, American Samoa,
Swains Island, Guam; provided, that Puerto Rican birth certificates
issued before July 1, 2010, are not "government identification"
under this subdivision (4);
(iii) A United States government-issued certified birth
certificate;
(iv) A valid, unexpired United States passport;
(v) A United States certificate of birth abroad (DS-1350 or
FS-545);
(vi) A report of birth abroad of a citizen of the United
States (FS-240);
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(vii) A certificate of citizenship (N560 or N561);
(viii) A certificate of naturalization (N550, N570 or N578);
(ix) A United States citizen identification card (I-197, I-
179);
(x) Any successor document of subdivisions (4)(B)(iv)-(ix);
or
(xi) A social security number that the entity or local health
department may verify with the social security administration in
accordance with federal law.
45-21-102. Prohibition against transmitting funds without verifying immigration
status – Records required – Penalties.
(a) It is unlawful for a financial institution in this state to send or transfer funds
electronically to a person or account outside of the United States and its territories
without verifying the immigration status of the person who intends to send or transfer the
funds.
(b) A financial institution shall comply with subsection (a) by requesting from the
person requesting to send or transfer funds a validly issued form of government
identification and maintaining a copy of such identification for a period of two (2) years.
The department may review these records at any time and may request a mandatory
report of these records annually.
(c) If the commissioner finds that a financial institution has violated this section,
then the commissioner may order the financial institution to pay to the state a civil
penalty in an amount specified in rule. The commissioner and the attorney general and
reporter are entitled to enforce this section against any financial institution within their
jurisdiction. In determining the amount of the penalty, the commissioner shall consider
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the appropriateness of the penalty with respect to the size of the financial resources of
the financial institution charged, the gravity of the violation, and other matters as justice
may require.
SECTION 4. Tennessee Code Annotated, Section 49-6-3001, is amended by deleting
subsection (a) and substituting:
(a)
(1) The public schools are free to all persons lawfully residing within this
state who are above five (5) years of age, or who will become five (5) years of
age on or before August 15.
(2) The parent, guardian, or legal custodian of a pupil who is not lawfully
residing in this state, but who is enrolled in a public school in the school district in
which the pupil resides must be charged tuition and fees in the same manner as
tuition and fees are charged to pupils who do not reside in the county pursuant to
§ 49-6-3003(b).
(3) As used in this subsection (a), "lawfully residing" means that a person
can provide the forms of government identification described in § 4-58-103(c) to
verify United States citizenship or § 4-58-103(d) to verify qualified alien status.
SECTION 5. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 6. The department of financial institutions is authorized to promulgate rules to
effectuate this act. The rules must be promulgated in accordance with the Uniform
Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.
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SECTION 7. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.